Wednesday’s sad news that Sen. John McCain has been diagnosed with brain cancer called to mind this story I wrote for The Boston Phoenix in February 2000 during the crucial Republican primary showdown between McCain and George W. Bush. Bush had just lost the New Hampshire primary to McCain and was hanging on for dear life. As we know, Bush defeated McCain in South Carolina and went on to win the presidency.
I think I had more fun reporting this story than just about any other I can remember. McCain wasn’t quite as accessible to the media (at least not to all the media) as advertised; but as you’ll see, I managed to wedge myself between him and his bus and ask him a question he didn’t want to answer. I have rarely agreed with McCain politically, but his service and courage transcend political differences. He is a great American hero, and my thoughts go out to him at this difficult time.
At a time when it seems like the entire political world has gone mad, I offer some welcome perspective this morning from E.J. Dionne:
President Obama’s approval rate is currently 53 percent. At a similar point in George W. Bush’s presidency, his standing had fallen to 32 percent.
Donald Trump’s favorability rating is a minuscule 33 percent, and just 34 percent among independents. The vast majority of his support comes from Republicans, 64 percent of whom view him favorably.
Trumpism is not sweeping the nation. It has a strong foothold only in the Republican Party, and not even all of it….
We are allowing a wildly and destructively inaccurate portrait of us as a people to dominate our imaginations and debase our thinking.
We’ve got a long way to go between now and November. As Dionne notes, the successes of Trump and Bernie Sanders “reveal the discontent of Americans who have been left out in our return to prosperity.” (Needless to say, even though both Trump and Sanders have embraced economic populism, only Sanders has managed to do so without couching it in the language of racism and violence.)
But it’s wrong to think that the entire country has gone nuts. Just part of it. And I agree with Dionne that the media could do a far better job of making that clear.
What can you say about a film that stars someone you know and admire telling the world about being raped repeatedly — and nearly killed — when he was 3 years old?
Since we’re talking about Barry Crimmins, I would say that you should see it as soon as you can.
“Call Me Lucky,” directed by Bobcat Goldthwait, had its New England premiere on Saturday at the Somerville Theatre as part of the Independent Film Festival. As befits the subject, the documentary almost feels like two films. In the first part we meet Crimmins the caustic left-wing performer, who almost single-handedly created Boston’s comedy scene in the 1980s. In the second part, Crimmins comes to terms with his past as a survivor of childhood sexual abuse.
It was during this second phase that I got to know Barry. He revealed what had happened to him in the early 1990s in a harrowing front-page essay for The Boston Phoenix headlined “Baby Rape.” (I had a small role in copy-editing it, but most of the heavy lifting was handled by the late Caroline Knapp — and, of course, by Barry himself.) Later, Barry was a valuable resource as I was doing my own reporting about child sexual abuse. This was around the time Barry was engaged in a very public campaign against AOL and the pedophiles it allowed to run rampant in its chatrooms, a centerpiece of “Call Me Lucky.” Even though I can’t pretend to be a close friend of Barry’s, I’ve always been struck by his fundamental kindness and decency — a quality that comes through repeatedly in the film. (I was among many people Goldthwait interviewed, but I didn’t make the cut.)
Barry was a regular in the Phoenix, writing a satirical year-in-review piece every Christmas as well as other humor pieces. This 2003 takedown of Dennis Miller works as well today as it did 12 years ago. I still laugh when I recall his referring to George W. Bush as “the court-appointed president.” Barry was a big part of the Phoenix, and vice-versa. So I was pleased to see him pay tribute to the late managing editor Clif Garboden in the credits, saying he learned to write through Clif’s editing. Fittingly, Clif’s own classic apex as an angry humorist begins with a quote from Barry.
Despite its somber subject matter, there are plenty of laughs in “Call Me Lucky” — not just from Crimmins, but from many other comedians, including Jimmy Tingle, Margaret Cho and Lenny Clarke. The biggest laughs, though, are reserved for Ronald Reagan, who is seen attempting to explain what he knew and didn’t know about the Iran-Contra scandal. The man was a comic genius.
Barry was — and is — a comic genius as well. Because I wasn’t taking notes, I’ll rely on the press release for one of my favorite bits from the movie. A protégé of Barry’s, Bill Hicks, recalls that a member of the audience once yelled, “If you don’t love America why don’t you get out?” Crimmins’ response: “Because I don’t want to be a victim of its foreign policy!”
The Washington Post today fronts a horrifying story by Liz Sly showing how the remnants of the Saddam Hussein regime are pulling the strings of the Islamic State. We will be paying for the hubris of the Bush-Cheney-Rumsfeld era for many years to come.
James Risen is a free-press hero. Whether he will also prove to be a First Amendment hero depends on the U.S. Supreme Court.
On Friday, Risen, a Pulitzer Prize-winning reporter for The New York Times, was presented with the 2014 Stephen Hamblett First Amendment Award by the New England First Amendment Coalition (NEFAC), which is affiliated with Northeastern University. (I wish I’d been able to attend, but I was teaching.) Risen faces prison for refusing to identify an anonymous CIA source who helped inform Risen’s reporting on a failed operation to interfere with Iran’s nuclear program — a story Risen told in his 2006 book, “State of War.”
Both the Bush and the Obama administrations have pushed for Risen to give up his source, but Risen has refused. “The choice is get out of the business — give up everything I believe in — or go to jail. They’ve backed me into a corner,” Risen was quoted as saying in this Boston Globe article by Eric Moskowitz. Also weighing in with a detailed account of the NEFAC event is Tom Mooney of The Providence Journal.
My Northeastern colleague Walter Robinson, a former Globe reporter and editor, said this of Risen:
There’s no one anywhere on the vast landscape of American journalism who merits this award more than you do. It is hard to imagine a more principled and patriotic defense of the First Amendment.
Unfortunately, Risen has little in the way of legal protection. The Supreme Court, in its 1972 Branzburg v. Hayes decision, ruled that the First Amendment does not protect journalists from having to reveal their confidential sources. In addition, there is no federal shield law. Thus journalists like Risen must hope that the attorney general — and, ultimately, the president — respect the role of a free press in a democratic society sufficiently not to take reporters to court. President Obama has failed that test in spectacular fashion.
Risen has asked the Supreme Court to take his case, giving the justices an opportunity to overturn or at least modify the Branzburg decision. But if the court declines to take the case, the president should order Attorney General Eric Holder to call off the dogs.
The Stephen Hamblett Award is named for the late chairman, chief executive officer and publisher of The Providence Journal. Previous recipients have been the late New York Times columnist Anthony Lewis, then-Boston Globe editor Marty Baron (now executive editor of The Washington Post) and Phil Balboni, founder of GlobalPost and, previously, New England Cable News.
More: On this week’s “Beat the Press,” my WGBH colleague Margery Eagan paid tribute to Risen in the “Rants & Raves” segment.
Terrorism expert Juliette Kayyem, a former federal and state official and former Boston Globe columnist, may runis running for governor in 2014. In late 2001 I wrote a brief profile of her for The Boston Phoenix. Yes, it’s a little gushy — it was for our “Best” issue, and Kayyem was one of our designated “Local Heroes.”
But read this and weep:
Her biggest worry about the Bush administration’s approach is that, by tilting its priorities toward security rather than liberty, it is sending a negative message to the moderate Arab countries that are part of the fragile anti-terrorism coalition.
If Kayyem could give the administration one piece of advice, it would be to drop the “war” metaphor. With September 11 behind us, the pursuit of Al Qaeda well under way, and the anthrax attacks now believed to be the work of a domestic Unabomber type, the worst of it may already be over — yet the use of the word “war” justifies anti-liberty policies that serve no purpose in rooting out terrorism.
Kayyem is a smart, serious person, and in an uninspiring field, she could surprise people.
The editors of The New York Times appear to have forgotten an important principle: the First Amendment is for all of us, and does not grant any special privileges to the institutional press. Thus if Edward Snowden is prosecuted for leaking classified documents about the National Security Agency’s secret surveillance programs, the news organizations that published those documents could face criminal charges as well.
The possibility that journalists could be in legal jeopardy for doing their jobs seems not to have occurred to whoever wrote an editorial in today’s Times, which argues that Snowden should be prepared to pay the price for civil disobedience by way of his leaks to The Guardian and The Washington Post.
Though the editorial dismisses the absurd notion that Snowden has committed treason, it concludes with this observation, which comes across as semi-sympathetic but contains toxic implications: “Mr. Snowden may well be going to jail for exposing practices that should never have been secret in the first place.”
In fact, if Snowden, as seems likely, is charged under the Espionage Act of 1917, there is nothing to stop the government from going after The Washington Post as well — or The Guardian, if someone would like to seek extradition of Glenn Greenwald, who broke the story, and his editor, Alan Rusbridger.
American journalists in these situations operate on the premise that they are free to publish information even if the source or sources who gave it to them violated the law in obtaining it. That’s largely true — First Amendment protections against censorship are extraordinarily high. The corollary, though, is that there may be consequences to be paid post-publication.
The best-known example is the Pentagon Papers, a case that should be near and dear to the hearts of Times editors. In a 6-3 decision, the U.S. Supreme Court ruled that the Times and the Post could not be prevented from publishing the government’s secret history of the Vietnam War.
But as civil-liberties lawyer Harvey Silverglate pointed out in a 2006 article for The Boston Phoenix, five of the nine justices essentially invited the government to file charges against the Times and the Post after publication — and the Nixon administration was preparing to do just that before it got caught up in the burgeoning Watergate scandal.
Silverglate was concerned that the Times faced possible charges under the Espionage Act for revealing the existence of the Bush administration’s warrantless wiretapping program. Even though the program illegally circumvented the Foreign Intelligence Surveillance Court, then-president George W. Bush called the Times’ reporting “a shameful act” — and Gabriel Schoenfeld, writing in Commentary, was just one on the neocon right who argued that the Times should be prosecuted.
More recently, the Times published many of the WikiLeaks documents exposed by Bradley Manning, who is now on trial and who may face a life sentence. And in 2010 John Cook posted a short piece in Gawker making the commonsense observation that the Times‘ potential liability was precisely the same as that of WikiLeaks founder Julian Assange, who had been targeted by Attorney General Eric Holder. Cook wrote:
So if it was a crime when Assange obtained the database, why wasn’t it a crime when the Times did? The Espionage Act makes no distinctions when it comes to sources of defense information: It’s a crime to “obtain [it] from any person, or from any source whatever.” Assange got it from Manning, the Times got it from the Guardian; both transactions are equally criminal under the act.
This is a moment of great peril for journalism. With 56 percent of Americans saying they don’t mind if the government monitors their phone records, public opinion is hardly on the side of whistleblowers and the news organizations that work with them.
Whether we approve of everything Edward Snowden did or not, The New York Times and others in our craft ought to show more solidarity. If he is in trouble, so are all of us.
The most important (and chilling) finding from the latest Pew Research Center/Washington Post survey is that 56 percent of Americans say they support the National Security Agency’s surveillance of phone records, email and other electronic traffic.
A few, though, have pointed to a chart showing supposed hypocrisy on the part of Democrats. In January 2006, self-identified Democrats opposed the NSA’s surveillance programs by a margin of two to one. Today they support those programs by an almost identical margin.
The chart is helpfully labeled “Partisan Shifts in Views of NSA Surveillance Programs.” But what really matters is a parenthetical: “See previous table for differences in question wording.”
So I did, and you can, too. The 2006 survey, by ABC News and The Washington Post, was based on the following proposition: “NSA has been investigating people suspected of terrorist involvement by secretly listening in on phone calls & reading emails without court approval…”
This time around, Pew and the Post put it this way: “NSA has been getting secret court orders to track calls of millions of Americans to investigate terrorism…”
I added the emphasis in both instances to highlight the differences. Under George W. Bush, without court approval; under Barack Obama, with court approval. And: “listening in on phone calls” in 2006 versus “track[ing] calls” in 2013. A considerable difference, regardless of what you think of the NSA’s activities (and, for the record, I’m glad they’ve been exposed).
As we all express our outrage over the Verizon snooping, as we should, let’s remember: President Obama did this legally, following a provision of the Patriot Act that, as a senator, he voted for, and that Hillary Clinton, among others, opposed.
For years, politicians who voted against such things were demagogued as soft on terror. When The New York Times exposed George W. Bush’s illegal secret wiretapping, Bush called the story “shameful,” and some (including then-attorney general John Ashcroft) called for the Times to be prosecuted under the Espionage Act.
Kudos to David Carr of the New York Times for shining a light on an issue that doesn’t attract nearly the attention that it should: the Obama administration’s abuse of the Espionage Act, which in turn has led to a virtual war on journalism and free expression.
As Carr notes, the Espionage Act, approved in 1917 during the hysteria of World War I, was used three times before President Obama took office in 2009 — and six times during his presidency.
We live in a dangerous era, and there have been prosecutions with which it may be hard to disagree. Carr cites the case of Bradley Manning, who’s been charged with stealing national-security documents that are at the heart of the WikiLeaks disclosures.
But Carr also writes that leak prosecutions often seem to be aimed more at punishing people for embarrassing the government than for genuinely damaging national security. In a particularly ironic case, a former CIA officer named John Kiriakou has been charged with leaking the names of agents involved in interrogating terrorism suspects. Carr points out that “none of the individuals who engaged in or authorized the waterboarding of terror suspects have been prosecuted.”
Kudos, too, to Jake Tapper of ABC News, whose confrontation with White House press secretary Jay Carney is the hook Carr uses to delve into the issue. A fuller account of Tapper and Carney’s exchange can be found here. Here’s Tapper responding to Carney’s praise for the journalist Marie Colvin, killed in Syria last week:
How does that square with the fact that this administration has been so aggressively trying to stop aggressive journalism in the United States by using the Espionage Act to take whistleblowers to court? You’re — currently I think that you’ve invoked it the sixth time, and before the Obama administration, it had only been used three times in history. You’re — this is the sixth time you’re suing a CIA officer for allegedly providing information in 2009 about CIA torture. Certainly that’s something that’s in the public interest of the United States. The administration is taking this person to court. There just seems to be disconnect here. You want aggressive journalism abroad; you just don’t want it in the United States.
I suspect Obama and Attorney General Eric Holder have gotten a pass from many liberals because they believe a Republican president would be even worse on such matters. The fact is, though, that no president has been more aggressive than Obama in prosecuting suspected leakers.
And given the way the media work, it’s no surprise that they’ve said little, since the heart of what they do is respond to accusations. The storyline being promoted by Mitt Romney, Rick Santorum and Newt Gingrich is that Obama is weak on national security, so they’re certainly not going to criticize the president for being too tough on leakers. Thus, no story.
When the government wants to take suspected leakers to court, it inevitably demands that journalists reveal their confidential sources. There is no constitutionally recognized right for journalists to protect their sources, and no federal shield law, which means that such cases have a considerable chilling effect on tough reporting.
In 2006, “Frontline” interviewed Mark Corallo, who was director of public affairs for George W. Bush’s first attorney general, John Ashcroft. In this transcript, you’ll see that Corallo, with the support of Ashcroft — not generally thought of as a friend of the First Amendment — approved only one subpoena for a journalist out of “dozens” that were requested. Corallo continued:
I can’t tell you about that case. It was a national-security case. I believed, after long reflection, that it did put innocent people’s lives in danger, our allies, people in other countries who would be subject to terrorist attacks. The case was so egregious; it was such a horrible instance of unethical behavior by a journalist to boot.
I hope Tapper’s tough questioning and Carr’s column are the beginning of a genuine attempt to hold the Obama White House to account for its repressive policies.